§ 76-219 — Acknowledgment; before whom taken in any other state or territory

Nebraska § 76-219

• Jurisdiction: Nebraska
• Ch. 76: Real Property

Text

If the instrument is executed and acknowledged or proved in any other state, territory or district of the United States, it must be executed and acknowledged or proved either according to the laws of such state, territory or district or in accordance with the law of this state, and if acknowledged out of this state it must be before some court of record or clerk or officer holding the seal thereof, or before some commissioner to take the acknowledgment of deeds, appointed by the Governor of this state, or before some notary public.

Legislative History

Source: R.S.1866, c. 43, § 4, p. 280; Laws 1887, c. 61, § 2, p. 562; Laws 1909, c. 110, § 1, p. 433; R.S.1913, § 6199; C.S.1922, § 5598; C.S.1929, § 76-204; R.S.1943, § 76-219. Annotations: A deed of lands situated in this state, executed in another state and acknowledged there before a notary public is presumed to have been executed according to the laws of that state though not witnessed, and is entitled to be received in evidence in this state, without other proof that the grantors actually executed and delivered the deed. Jorgensen v. Crandell, 134 Neb. 33, 277 N.W. 785 (1938). There is presumption of regularity of execution and acknowledgment in foreign state. Dorsey v. Conrad, 49 Neb. 443, 68 N.W. 645 (1896); Schields v. Horbach, 49 Neb. 262, 68 N.W. 524 (1896). Acknowledgment in foreign state must satisfy laws of that state or this. Roode v. State, 5 Neb. 174 (1876). Authentication is required when officer has no seal. Hoadley v. Stephens, 4 Neb. 431 (1876).